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Terms of Supply
Welcome to the website of Signature Floorcoverings’ bespoke and ready-made rugs at https://rugs.signaturefloors.com.au/ (this Website). This Website is designed to provide you with an exceptional experience for ordering both bespoke rugs made to your specifications and ready-made rugs offered for sale as finished products. These Terms and Conditions apply to (a) your use or access to this Website; (b) the supply of our Products ordered by you; and (c) the provision of our services to you via this Website.
Please review these Terms and Conditions carefully. If you do not agree to these Terms and Conditions, please do not use the Website, place any Orders for our Products on this Website or request our services. Your use of this Website, the placing of any Orders of our Products, or your request of our services, constitutes your acceptance of these Terms and Conditions.
We offer a wide range of goods and services, and sometimes additional terms may apply. These are posted on the Website. When you purchase Products and request our services where additional terms apply, you will be subject to those terms in addition to these Terms and Conditions, as applicable.
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Definitions
- In these Terms and Conditions, unless the contrary intention appears:
Accepted Order means an Order accepted by us and for which an order confirmation notice is provided to you for such Order.
ACL means the Australian Consumer Law being Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Bespoke Rug means a rug made, cut, finished or otherwise produced to specifications selected or requested by you, including dimensions, material, design or finish.
Business Day means a day that is not a Saturday, Sunday or public holiday in Victoria, Australia or, for deliveries of Products, at the place of delivery.
Contract means a contract of sale referred to in clause 2.4.
GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
Order means an order for the Products placed by you.
Price means the price payable by you for the Products as displayed and confirmed during checkout, including any applicable GST unless expressly stated otherwise.
Privacy Policy means our Privacy Policy, as amended from time to time, available at https://www.signaturefloors.com.au/privacy-policy/.
Product means goods offered on the Website, including Bespoke Rugs and Ready-Made Rugs, as described and, where applicable, specified on the Website.
Ready-Made Rug means a completed rug offered for sale in an available design and size, without being manufactured or modified to the customer’s individual specifications after ordering.
Terms and Conditions means these terms and conditions governing the use of the Website, the supply of Products or the provision of services by us, and includes our Privacy Policy, our Product Warranty and our Return and Refund Policy (where applicable).
We, us or our means Signature Floorcoverings Pty Ltd (ABNÂ 45Â 007 172 938) of 3 Wurundjeri Drive, Epping, Victoria 3076, Australia, and its associated entities as defined in the Corporations Act (Cth) 2001.
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Products and Orders
- You may place an Order for our Products by completing and submitting to us an online order and completing the checkout procedures on the Website. You must not order Products from us if you are under eighteen (18) years of age. We may, at our discretion, treat any order by a person under eighteen (18) years old as void.
- Whilst we aim to ensure that the images displayed on the Website accurately represent the colour, texture, and pattern of the Products. However, you acknowledge and agree that some Products may appear different in real life in comparison to the images displayed on the Website due to a variety of reasons, including variations in individual screen settings and display technology, therefore, precise colour matching between what is displayed on the Website and the Product cannot be guaranteed.
- Ready-Made Rugs are offered in the sizes, quantities, designs and finishes described on the relevant product listing, subject to availability. Stock may be limited and a Ready-Made Rug is not reserved until its Order has been accepted. Any material features of individual Ready-Made Rugs, including disclosed variations or imperfections, will be identified on the product listing where applicable.
- All Orders are subject to our acceptance at our discretion. This Website and the information on it constitute an invitation to treat and not an offer by us to supply any Products. Your Order represents an offer from you to purchase the Product in accordance with these Terms and Conditions. Orders placed on a weekend or public holiday will not be processed until the next Business Day.
- We will acknowledge your Order by providing you with an order confirmation notice via email once your payment for the Products in your Order has been validated, the order confirmation notice constitutes our acceptance of your Order. Our acceptance of a particular Order will not imply that we will accept any of your future Orders.
- Once your Order is accepted by us, a binding contract will come into existence between you and us in relation to the ordered Products. The Contract will comprise the Accepted Order and these Terms and Conditions. If there are any inconsistencies between these Terms and Conditions and another provision in the Contract, the provision in these Terms and Conditions will prevail to the extent of inconsistency. No other terms or conditions (including any terms or conditions printed on or referred to in your Order) will be binding on us unless we agree in writing.
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Order Acceptance and Cancellation
- You may cancel an Order at any time before we send the order confirmation notice. Once an Order is accepted, the following rules apply, subject to your rights under the ACL:
- Bespoke Rugs: because production may commence following acceptance, cancellation for change of mind is not available as of right. We may agree to a cancellation at our discretion and will advise of any reasonable, substantiated costs incurred before you agree to proceed.
- Ready-Made Rugs: if you request cancellation before dispatch, contact us promptly. We may agree to cancel and refund the Order; after dispatch, clause 10 applies. There is no automatic right to cancel for change of mind.
- We may reject an Order or cancel an Accepted Order if: (a) the Product is unavailable or has sold out; (b) we are unable to receive payment or payment has been revoked; or (c) a genuine pricing or product-information error has occurred. If we reject or cancel an Order for these reasons after payment has been taken, we will provide a full refund of the amount paid. Nothing in this clause limits any remedies available under the ACL.
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Price and Payment
- Subject to clause 3, the Price for the Products in an Accepted Order will be the price for the Products at the time your Order is submitted on our Website. We may update or vary the price listed on the Website for the Products from time to time without notice to you. Any changes will be effective once they are published on the Website.
- Prices are in Australian dollars. The total payable, including GST and any applicable delivery charges, will be identified at checkout before you submit your Order. Any third-party bank or currency-conversion fees are your responsibility.
- We accept payment by credit or debit card through a secure payment gateway. Your card will be charged upon confirmation of your Order and prior to dispatch. Any transaction fees imposed by your bank are your responsibility. Nothing in these terms excludes liability that cannot lawfully be excluded.
- If payment is declined, we may reject your Order or cancel an Accepted Order. A tax invoice or other proof of purchase will be provided in accordance with applicable law.
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Delivery
- We will deliver Products to the delivery address in the order confirmation notice. Delivery charges, if any, will be as stated on the Website and displayed at checkout. If complimentary delivery applies to an Order, that will be confirmed at checkout. Delivery is available to Australian addresses only, although customers outside Australia may place an Order for delivery within Australia.
- We will dispatch Products after full payment has been received. Ready-Made Rugs will generally be processed from available stock, whereas Bespoke Rugs require manufacturing or finishing before dispatch. Any processing or delivery timeframe displayed or quoted is an estimate, and we will notify you of material delays. Your rights under the ACL, including remedies for failure to supply within a reasonable time, remain unaffected.
- Products will be delivered by a courier selected by us and, where available, tracking details will be provided. Delivery may be completed in accordance with the courier’s delivery process or your authorised delivery instructions. Ownership passes to you on delivery, subject to applicable law.
- Where you expressly authorise a safe-drop or unattended delivery, delivery may be completed in accordance with those instructions. Nothing in this clause excludes any liability or rights that cannot be excluded under the ACL.
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Privacy
- By submitting an Order for our Products, we may require your personal information and other details such as your name, your email address, phone number, billing and delivery address. You warrant that all information submitted to us is true, accurate and up-to-date.
- Our Privacy Policy governs how we collect, use, handle and disclose any personal information you provide or disclose to us and forms part of these Terms and Conditions. You should carefully read and review our Privacy Policy and these Terms and Conditions with respect to the collection, use, handling and disclosure of personal information, these Terms and Conditions will prevail to the extent of any inconsistencies.
- We may send direct marketing communications where permitted by applicable law and subject to the Privacy Policy. You may opt out using an unsubscribe mechanism or by contacting us through the Website.
- Cookies refer to small pieces of data which are stored on your computer. Cookies may be used to control the display of advertisement, track your browsing patterns, to personalise information and record registration. You acknowledge that we may store one or more cookies in your browser or request your browser to transmit the data to the web server. Subject to our Privacy Policy, we reserve the right to use anonymous data acquired through cookies about our users for any business purposes.
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Our Website and your use
- All intellectual property rights in and to this Website and all information, contents and photographs published on this Website, whether in relation to our Products or otherwise, belongs to us. You acquire no right, title or interest in or to our intellectual property by virtue of these Terms and Conditions, provided you are granted a limited, revocable, non-exclusive and non-sublicensable licence to share or use the information, contents and photographs strictly for your own personal purposes, such as assisting with purchase decisions. Any use of information, contents and photographs published on this Website for commercial purpose in whatever form is strictly prohibited, unless with our prior written consent.
- We have made reasonable endeavours to ensure that the information and content, including photographs provided on this Website are accurate and current at the date of publication. However, you acknowledge and agree that, in addition to clause 2:
- information to certain Products may have been inaccurately described by our supplier which we have relied upon and undertaken reasonable inspections, which would normally be expected in the course of business to verify the information; and
- subject to clause 8 and to the extent permitted by law, we provide no (whether implied, expressed or otherwise) warranties, representations, or guarantees of any kind in relation to information, content and photographs on this Website.
- We have used commercially reasonable efforts to provide you with access to this Website via the internet. You acknowledge and agree that access to and use of this Website may be temporarily suspended for scheduled or urgent server maintenance work or for other reasons beyond our reasonable control.
- Subject to clause 8 and to the extent permitted by law and, except as provided by these Terms and Conditions, we will not be liable for any losses (including through negligence), damage (directly or indirectly), costs or expenses suffered by you or claims made against you in connection with:
- your reliance on any information, contents or photographs on this Website, including any errors, omissions, inaccuracies in the information, content and photographs of this Website; and
- your use of not able to use the Website or any defects in the Website.
- To the extent permitted by law, where you believe a Product you have purchased from this Website does not meet your expectations or the description of the Product on the Website, your sole remedy is to exercise your rights under clauses 8, 9 or 10.
- We may include links providing access to other websites. You acknowledge that we are not responsible for the accuracy of the information contained in these third party websites and we do not endorse any features, content, advertising, products or any other materials, and such information does not form part of our content. You should review any applicable terms and privacy policy of a third party website before using it or providing any information. You agree and acknowledge that you access and use third party websites entirely at your own risk.
- You acknowledge and agree that this Website has been provided to you for personal use. You agree at all times to access and use the Website in accordance with these Terms and Conditions (including our Privacy Policy) and all applicable laws. You must not:
- copy, collect, use, duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rent, lease, loan, trade, rebrand, or otherwise transfer any content, information and photographs found on this Website except expressly authorised by us;
- utilise any content you view on or obtain from this Website to provide any commercial service including any service that is competitive with us;
- remove, tamper with, seek to override or otherwise interfere with any security or technological protection measure forming part of this Website;
- remove, obliterate, or obscure from view any copyright, trade mark or confidentiality notice or legend appearing on or within this Website;
- create a deep-link to this Website for any purpose unless expressly authorised in writing by us;
- use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages contained in this Website, and must not use such processes to download or access our contact information or any other user of this Website;
- engage in “framing,” “mirroring” or otherwise simulating the appearance or the function of this Website, unless expressly authorised in writing by us;
- attempt to or actually access this Website by any means other than through the interfaces provided by this Website;
- remove, cover or otherwise obscure any form of advertisement included on this Website; or
- interfere with or disrupt the availability of this Website, including but not limited to any servers or networks connected with this Website.
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Warranties
- Nothing in these Terms and Conditions excludes, restricts or modifies the application of any legislation which by law of any jurisdiction cannot be excluded, restricted or modified. In particular, without limiting the foregoing, where you are considered a “consumer” within the meaning of the ACL, we give the guarantees to the extent required by the ACL (Consumer Guarantees) with respect to our Products and Services.
- If you are a “consumer” under the ACL, the following notice applies to you:
“Our goods come with warranties and guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or a refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.”
In addition, clause 10 (Returns and Refunds) with respect to certain Products apply in addition to (but may overlap with) any rights and remedies you may have under the Consumer Guarantees as a consumer.
- If you are not a “consumer” under the ACL, to the extent permitted by law, the rights under clause 10 (Returns and Refunds) are your sole remedies with respect to such subject matter.
- Subject to this clause 8, and to the extent permitted by law, all representations, warranties, guarantees, terms and conditions which would otherwise be implied in or imposed on these Terms and Conditions in connection with any goods or services supplied by us or otherwise relating to the performance of our obligations under these Terms and Conditions are excluded.
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Limitation of Liabilities
- Where by law we are unable to exclude terms, guarantees, warranties, representations or conditions but are able to limit them, to the extent permissible by law we limit our liability for any breach (including for any Consumer Guarantees), at our option, to the repair or replacement of Products, or payment of the cost of repairing or replacing the Products, or a refund of the Price paid for the Products.
- To the extent permitted by law, we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Products or these Terms and Conditions, whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
- To the extent permitted by law, our total liability arising out of or in connection with the Products or these Terms and Conditions, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the total Price paid by you for the purchase of Products under these Terms and Conditions.
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Returns and Refunds
- Change of mind: We do not offer an automatic return, exchange or refund for change of mind for either Bespoke Rugs or Ready-Made Rugs. This includes choosing the wrong size, colour or style, unless we expressly agree otherwise. Bespoke Rugs made to your specifications generally cannot be resold. Ready-Made Rugs may be considered for a discretionary return, but only if we expressly approve it in writing before return. Any agreed change-of-mind return conditions and return delivery costs will be confirmed when approval is given. This policy does not affect your rights under the ACL.
- Faulty, damaged, incorrectly supplied or misdescribed Products: If a Product fails to meet a consumer guarantee, you may be entitled to a repair, replacement, refund and/or compensation as provided under the ACL. For a major failure, the consumer generally may choose a refund or replacement. For a non-major failure, we may be entitled to provide a remedy within a reasonable time. We will not require you to accept a repair or replacement where the ACL entitles you to choose another remedy.
- Please contact us as soon as reasonably practicable after identifying a problem, using the contact details on the Website or your order confirmation. We may ask for photographs, a description of the issue and proof of purchase to help assess the claim. A failure to notify us within seven days does not remove your statutory consumer rights.
- Where Products must be returned for assessment or a remedy, we will provide reasonable instructions. Where a Product has a problem covered by the ACL, return or collection costs will be handled in accordance with the ACL, including reimbursement of reasonable return costs where required. Large, heavy or difficult-to-return items will be collected at our expense where required by law. Do not arrange a return without first contacting us unless the law otherwise entitles you to do so.
- Please package Products reasonably and safely for return where practicable. Original packaging is preferred but is not a condition of exercising statutory consumer rights. Any refund will be processed using the original payment method where practical, or another agreed lawful method.
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General
- These Terms and Conditions are governed by the laws of Victoria, Australia. The parties each agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.
- We may change any provision in these Terms and Conditions without notice. Any updated Terms and Conditions will be published on the Website and will only apply to orders submitted after the updated Terms and Conditions are published.
- You must not assign any rights and obligations under these Terms and Conditions whether in whole or in part without our prior written consent.
- Any notice in connection with these Terms and Conditions will be deemed to have been duly given when made in writing and delivered or sent by email or post to the party to whom such notice is intended to be given or to such other address or email address as may from time to time be notified in writing to the other party.
- If any provision of these Terms and Conditions is invalid, illegal or unenforceable, these Terms and Conditions Sale take effect (where possible) as if they did not include that provision.
- Any failure by a party to insist upon strict performance by the other of any provision in these Terms and Conditions will not be taken to be a waiver of any existing or future rights in relation to the provision.
- If a dispute arises under these Terms and Conditions, neither of you and us may bring court action against the other (other than proceedings seeking urgent interlocutory relief) without first attempting to resolve the dispute by negotiation for a period of at least 14 days.
Contact us
For questions about Orders, cancellations, returns or these Terms and Conditions, please contact us using the contact details at https://rugs.signaturefloors.com.au/.